Search and Seizure under CrPC
Search and Seizure under CrPC
1. What is Search and Seizure?
Search: The act of examining a person, place, or thing to find evidence related to a crime.
Seizure: The act of taking possession of evidence or property by authorities for legal purposes.
2. Legal Basis
Sections 93 to 110 of the CrPC, 1973 deal with Search and Seizure.
Also guided by Articles 20(3) and 21 of the Indian Constitution (protection against self-incrimination and right to life and liberty).
3. Who Can Conduct Search and Seizure?
Police officers or any authorized person (e.g., Magistrate).
Magistrates can issue search warrants.
Police can conduct warrantless searches in certain urgent cases.
4. Search Warrants (Section 93-94 CrPC)
Issued by a Magistrate.
Written order authorizing search of a specific place for specified items.
Generally required unless urgent circumstances exist.
5. Conditions for Search and Seizure
Must be authorized by law.
Usually requires prior approval or warrant.
Must be conducted during reasonable hours unless urgent.
Must respect the dignity and privacy of individuals.
6. Procedure for Search and Seizure
Police must identify themselves and state the purpose.
Presence of witnesses during search (Section 100).
Prepare a search memo describing items seized, signed by witnesses and the person searched.
Seized items must be properly recorded and preserved.
7. Exceptions to Warrant Requirement (Section 100 CrPC)
Police can conduct a search without a warrant if:
There is reason to believe that evidence may be destroyed.
In hot pursuit of a suspect.
During arrest of a person.
In urgent cases where delay may defeat the purpose of the search.
8. Rights of the Person Searched
Right to be informed about the reason for search.
Right to be present during search.
Right to have a copy of the search memo.
Protection against illegal search or seizure.
9. Illegal Search and Seizure
Evidence obtained through illegal search is generally inadmissible in court.
Courts may exclude such evidence under the exclusionary rule.
10. Important Case Laws
| Case | Significance |
|---|---|
| Kartar Singh vs State of Punjab (1994) | Upholds that search without warrant is allowed in exigent circumstances. |
| R.D. Shetty vs State of Karnataka (1989) | Emphasizes strict adherence to procedure during search. |
| State of Punjab vs Baldev Singh (1999) | Deals with admissibility of evidence seized during search. |
11. Summary Table
| Aspect | Details |
|---|---|
| Governing Sections | 93 to 110 CrPC |
| Requirement of Warrant | Generally required, exceptions apply |
| Search Memo | Must be prepared and signed |
| Presence of Witnesses | Mandatory |
| Rights of Person | To be informed, to be present, receive copy of memo |
| Consequence of Violation | Evidence may be excluded from trial |
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